CoatingsPro Magazine

SEP 2018

CoatingsPro offers an in-depth look at coatings based on case studies, successful business operation, new products, industry news, and the safe and profitable use of coatings and equipment.

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30 SEPTEMBER 2018 COATINGSPROMAG.COM employee dies several days later as a result of his fall, and such death is within 30 days of the fall, this must be reported to OSHA within 8 hours of its occurrence. Under the law, a work-related incident that results in death within 30 days of the occurrence must be reported to OSHA. By way of example, and in an extreme case, a roofer may fall from a roof and come away seemingly unscathed. However, if the roofer is then admitted to the hospi- tal within 30 days and succumbs to latent injuries from his or her fall, then the fatality must be reported to OSHA immediately. e nexus and idea behind this reporting rule is due to the fact that some serious injuries resulting from workplace activities can remain dormant and unseen for quite some time. e Department of Labor has provided the bright line rule of 30 days to capture any death or hospital- ization that resulted from a workplace injury, yet went unnoticed at the time of the incident. Off-Site Fatality Here's another complicated scenario: Our employee passed away at home from a heart attack. Is this consid- ered work related? Is an employer required to report this type of fatality to OSHA? Employers must report fatalities or hospitalizations that occur during the scope of the employee's employment. e term "scope of employment" is an often-litigated matter that will weigh heavily on the facts, location, and nature of each injury or fatality. Most OSHA reporting litigation occurs when an employee is in transit from one worksite to another. An employee fatality from an automobile accident is generally only reportable to OSHA if the accident occurred in an actual work zone. If an employee is involved in an accident on public streets, the incident typically does not need to be reported to OSHA. e analysis will hinge on whether or not the employee was traveling for the benefit of his or her employer or carry- ing out a task required by the employer at the time of the accident. e location of the employee's accident or injury is generally not the deciding factor in this type of report- ing evaluation. e main issue almost always depends on what the employee was doing as opposed to where he or she was at the time of the accident. For example, an employee who dies as a result of a heart attack at home is gener- ally not a reportable incident. However, if the employee was loading or unload- ing material on behalf of the employer or repairing company equipment at the time of his or her fatal heart attack, the fatality does most likely fall as report- able as a work-related accident. In-Patient Hospitalization W hat is " in-patient hospitalization"? We had an employee cut his hand, and he was taken to the emergency room for stitches. Am I required to report this to OSHA? OSHA's rules and regulations for hospitalization reporting are codified under 29 CFR 1904.39(a)(2). is provi- sion demands that an employer report in-patient hospitalization within 24 hours. However, 29 CFR 1904.39(b) (9) defines in-patient hospitalization as a formal admission to the in-patient service of a hospital for care or treat- ment. An overnight stay that involves only observation and diagnostic testing, as opposed to care or treat- ment, does not need to be reported. W hile this analysis may seem quite clear on paper (i.e., observation = non-reportable and treatment = reportable), the facts of the injury will provide the clarity needed to complete Safety Watch Environmentally Safe VpCI ® /MCI ® Technologies EXCELLENCE Q U A I T Y ® C O R P O R AT I O N Re ad e r In qui r y at co ati n g sp ro m a m /i n q0918

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